[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35138-35140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17269]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 404, 405, 406, and 407

46 CFR Parts 401, 402, 403, and 404

[USCG-1998-3976]


Great Lakes Pilotage; Reorganization of Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Saint Lawrence Seaway Development Corporation's (SLSDC) 
responsibility for administering the Secretary's functions under the 
Great Lakes Pilotage Act, as amended, (GLPA) was transferred from the 
SLSDC to the U.S. Coast Guard on March 5, 1998. This rule relocates the 
Great Lakes Pilotage regulations from their current place in Title 33, 
Code of Federal Regulations, to their original place in Title 46, Code 
of Federal Regulations. Relocation of these regulations is necessary to 
position Great Lakes Pilotage rules with other U.S. Coast Guard 
regulations, and not with other SLSDC regulations. This rule also makes 
conforming amendments to the regulations to reflect U.S. Coast Guard 
responsibilities under the GPLA.

DATES: This final rule is effective June 30, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Docket Management Facility, (USCG-1998-
3976), U.S. Department of Transportation, room PL-401, 400 Seventh 
Street SW., Washington DC 20590-00001.

FOR FURTHER INFORMATION CONTACT:
For questions on this rule, contact LTJG Mark A. Cunningham, U.S. Coast 
Guard, telephone 202-267-1534. For questions on viewing material in the 
docket, contact Dorothy Walker, Chief, Documents, Department of 
Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    This rulemaking relates to departmental management, organization, 
procedure, and practice. Under 5 U.S.C. 553(b)A, notice and public 
comment are unnecessary with respect to rules of this nature. 
Therefore, a notice of proposed rulemaking was not published prior to 
this rulemaking. For the same reason, good cause exists for making this 
rule effective less than 30 days after its publication date as is 
ordinarily required by 5 U.S.C. 553(d).

Background and Purpose

    In 1994, the Secretary of Transportation (the Secretary) formed a 
study group to determine where to best locate the authority to execute 
the functions vested in him by the GPLA. Among other powers and duties, 
the GPLA authorizes the Secretary to examine pilots, register them, and 
set rates for their services. Because the study group recommended 
transferring these functions from the U.S. Coast Guard to the SLSDC, 
the Secretary withdrew the Coast Guard's authority in these matters and 
redelegated it to the SLSDC (December 11, 1995; 60 FR 63444). On 
November 12, 1997, the U.S. Court of Appeals for the District of 
Columbia Circuit, in Halverson v. Slater, 129 F.3d 180 (D.C. Cir, 
1997), reversed a district court decision and held that the Secretary 
lacks the authority, under 49 U.S.C. 322(b), to delegate Great Lakes 
Pilotage Act powers and duties to the SLSDC. The court vacated the 
December 11, 1995 rule and determined that, under 46 U.S.C. 2104(a), 
the Secretary may delegate these functions only to the U.S Coast Guard. 
On March 5, 1998, the Secretary responded to the court's ruling by 
redelegating the authority to carry out functions under the GLPA to the 
U.S. Coast Guard (63 FR 10781-2).
    This rulemaking relocates the Great Lakes Pilotage regulations from 
their current place in Title 33 to their original place in Title 46. 
Reorganization of the CFR is necessary to position Great Lakes Pilotage 
rules with other U.S. Coast Guard regulations, and not with other SLSDC 
regulations. This rule redesignates parts 404, 405, 406, and 407 of 33 
CFR Chapter IV, as parts 401, 402, 403, and 404, respectively, of 46 
CFR Chapter III.
    This rule also makes conforming editorial changes to the 
redesignated sections that reflect the redelegation of Seaway 
responsibilities to the U.S. Coast Guard. For example, the word 
``Administrator'' is changed to the word ``Commandant'' and the words 
``Saint Lawrence Seaway Development Corporation'' are changed to the 
words ``U.S. Coast Guard.
    This rule also revises the authority citations of each redesignated 
part to reflect the renewed delegation of responsibilities from the 
Secretary to the U.S. Coast Guard.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities.

[[Page 35139]]

``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. This rulemaking is an intra-
departmental administrative that does nothing more than relocate 
certain sections of the U.S. Code of Federal Regulations. Therefore, 
the Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under figure 2-1, paragraph (34)(b), 
of Commandant Instruction M16475.1C, this proposed rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects

33 CFR Part 404

    Administrative practice and procedure, Coast Guard, Great Lakes, 
Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

33 CFR Part 405

    Administrative practice and procedure, Coast Guard, Great Lakes, 
Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

33 CFR Part 406

    Accounting, Administrative practice and procedure, Coast Guard, 
Great Lakes, Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

46 CFR Part 407

    Administrative practice and procedure, Coast Guard, Great Lakes, 
Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

46 CFR Part 401

    Administrative practice and procedure, Coast Guard, Great Lakes, 
Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

46 CFR Part 402

    Administrative practice and procedure, Coast Guard, Great Lakes, 
Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

46 CFR Part 403

    Accounting, Administrative practice and procedure, Coast Guard, 
Great Lakes, Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

46 CFR Part 404

    Administrative practice and procedure, Coast Guard, Great Lakes, 
Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Seamen, Waterways.

    For the reasons discussed in the preamble, and under the authority 
of 46 U.S.C. 2104(a) and 49 CFR 1.46 (mmm), the Coast Guard amends 33 
CFR Chapter IV, and 46 CFR Chapter III as follows:

33 CFR CHAPTER IV

PARTS 404, 405, 406, AND 407 [REDESIGNATED AS 46 CFR CH. III (PARTS 
401, 402, 403 AND 404)]

    1. In 33 CFR Chapter IV, redesignate parts 404, 405, 406, and 407 
as 46 CFR Chapter III, parts 401, 402, 403, and 404 respectively.

46 CFR CHAPTER III

    2. Add a heading for 46 CFR Chapter III to read as follows:

CHAPTER III--COAST GUARD (GREAT LAKES PILOTAGE), DEPARTMENT OF 
TRANSPORTATION

PART 401--[AMENDED]

    3. The authority citation for redesignated part 401, Title 46, Code 
of Federal Regulations is revised to read as follows:

    Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304; 49 
CFR 1.45, 1.46 (mmm), 46 CFR 401.105 also issued under the authority 
of 44 U.S.C. 3507.

    4. Revise the redesignated Secs. 401.110 (a)(2) and (a)(9) to read 
as follows:


Sec. 401.110  Definitions.

* * * * *
    (a) * * *
    (2) Commandant means Commandant, U.S. Coast Guard, Washington, DC 
20593-0001.
* * * * *
    (9) Director means Director, Great Lakes Pilotage. Communications 
with the Director may be sent to the following address: Director, Great 
Lakes Pilotage (G-MO), 2100 Second Street, SW, Washington, DC 20593-
0001.
* * * * *


Sec. 401.230  [Amended]

    5. In the second sentence of Sec. 401.230(b) remove the words 
``Director or other official of the Saint Lawrence Seaway Development 
Corporation.'' and add, in its place, the word ``Director.''
    6. Revise redesignated Sec. 401.250(d) to read as follows:


Sec. 401.250  Suspension and revocation of certificates of 
registration.

* * * * *
    (d) Every U.S. Registered Pilot shall, whenever his or her license 
is revoked or suspended under the provisions of Part 5 of this title, 
deliver his Certificate of Registration simultaneously with his or her 
license to the U.S. Coast Guard. If the license is suspended, the 
Certificate of Registration will be held with the suspended license and 
returned to the holder upon expiration of the suspension period.


Sec. 401.431  [Amended]

    6. In redesignated Sec. 401.431(e) remove the words ``Saint 
Lawrence Seaway Development Corporation'' and add, in its place, the 
word ``Administration.''


Sec. 401.510  [Amended]

    7. In both sentences of redesignated Sec. 401.510(b)(5) remove the 
words ``or the Director.''

PART 402--[AMENDED]

    8. The authority citation for redesignated part 402, Title 46, Code 
of Federal Regulations is revised to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46 
(mmm).

PART 403--[AMENDED]

    9. The authority citation for redesignated part 403, Title 46, Code 
of Federal Regulations is revised to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46 
(mmm).

[[Page 35140]]

PART 404--[AMENDED]

    10. The authority citation for redesignated part 404, Title 46, 
Code of Federal Regulations is revised to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46 
(mmm).

    11. In addition to the above amendments to Chapter III of Title 46, 
remove the word ``Director'' and add, in its place, the word 
``Commandant'' in the following sections:
    a. Section 401.210(a)(4);
    b. Section 401.210(a)(7);
    c. Section 401.220(b);
    d. Section 401.240(d);
    e. Section 401.320(d)(2);
    f. Section 401.320(d)(3);
    g. Section 401.510(b)(3), introductory text
    h. Section 401.710(g); and
    i. Section 401.100.
    12. In addition to the above amendments to Chapter III of Title 46, 
remove the words ``Saint Lawrence Seaway Development Corporation'' and 
add, in their place, the words ``U.S. Coast Guard'' in the following 
sections:
    a. Section 401.211(e);
    b. Section 401.230(c);
    c. Section 401.230(d);
    d. Section 401.240(a);
    e. Section 401.250(c);
    f. Section 401.320(d)(4);
    g. Section 401.425;
    h. Section 401.510(b)(2);
    i. Section 401.510(b)(3);
    j. Section 401.600(a);
    k. Section 401.615(b); and
    l. Section 401.620(a).
    13. In addition to the above amendments to Chapter III of Title 46, 
remove the word ``Administrator'' and add, in its place, the word 
``Commandant'' in the following sections:
    a. Section 401.615(b); and
    b. Section 401.650.
    14. In addition to the above amendments to Chapter III of Title 46, 
remove all references to ``404'' and add, in their place, ``401'' in 
the following sections:
    a. 401.210(a)(8);
    b. 401.210(b);
    c. 401.211(a)(1), (b) and (3);
    d. 401.230(e);
    e. 401.240(b);
    f. 401.320(b);
    g. 401.330(a);
    h. 401.335(a)(1);
    i. 401.340(a) and (c);
    j. 401.400(c);
    k. 401.405 introductory text;
    l. 401.410 introductory text;
    m. 401.420(a);
    n. 401.425;
    o. 401.438;
    p. 401.431(a), (f) and (g);
    q. 401.451(a)(1);
    r. 401.600(b);
    s. 401.620(b);
    t. 401.645;
    u. 401.700(b);
    v. 401.710(e);
    w. 401.720(b);
    x. 401.100;
    y. 401.210(a);
    z. 401.320(a) introductory text;
    aa. 403.100;
    bb. 403.400(c);
    cc. 404.1(a);
    15. In addition to the above amendments to Chapter III of Title 46, 
remove all references to ``405'' and add, in their place, ``402'' in 
the following sections:
    a. 401.340(a);
    b. 401.710.(d) and (e).
    16. In addition to the above amendments to Chapter III of Title 46, 
remove all references to ``406'' and add, in their place, ``403'' in 
the following sections:
    a. 401.320(d)(3);
    b. Part 404, Appendix A. Step 1.A.
    17. In addition to the above amendments to Chapter III of Title 46, 
remove all references to ``407'' and add, in their place, ``404'' in 
the following sections:
    a. 403.120(b);
    b. 404.1(b);
    c. 404.10(a);
    c. 404, Appendix A, Step 1.B;
    d. 404, Appendix C, introductory text.

    Dated: June 24, 1998.
J.P. High,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 98-17269 Filed 6-26-98; 8:45 am]
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